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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
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Pearl Wilson, Lawyer's Assistant
Welcome! How can I help with your legal question?
You
I co-signed on an auto loan (before even saying it, Lesson learned!) and the person has missed payments which obviously affects my good credit. I'm the primary on the loan. I need to know what my rights are in the State of California as far as taking the car back should this person miss another payment.
JA: What state is this in? And how old is the car?
Customer: California and it's a 2016 leased vehicle that is one year old. There are 2 years left on the lease
JA: Has anything been filed or reported?
Customer: In what sense?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Ford Credit has reported 4 late payments in the last 6 months great

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Are you listed on the title in any way?

Customer: replied 28 days ago.
the title reads: "Lee A Mc or MC"

If your name is ***** ***** title as an "or" owner then you each have an equal right to the vehicle. You have a couple of options.

You can "repo" the car but that does nothing to remove the other name from the title and at some point you have to remedy that. If the other person has made payments then they have a better "equitable" title than you would, plus they can "repo" the car from you if they get the chance. Sooner or later this ends up causing issues, usually because some property or someone is hurt when a repo is taking place.

The other, and better, choice is to have a local lawyer file a lawsuit for you seeking to have the vehicle turned over to you since the other person has missed payments. You could also request that they be ordered to turn the vehicle over if they are late again, or you could even ask that the court order them to pay you by a certain date each month so that you can then be sure the note is paid.

You could also ask that the court award you the attorney's fees you had to pay for this.

Customer: replied 28 days ago.
Thank you for your quick response. Can you tell me what type of an attorney would be able to handle this type of case should I want to issue her a court order to pay by a certain date each month?

The best would be a lawyer who does civil litigation. They are used to handling a lot of different kinds of cases. This one shouldn't be particularly difficult but the hard part is figuring out what the judge is willing to award and then crafting the order so it is enforceable.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Dwayne B. and other Legal Specialists are ready to help you

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.